Legal Question in Criminal Law in California

Criminal record

How can I verify what would show up on a background check? My lawyer says my misdemeanor conviction has been expunged, but I need to verify exactly what expunged means. Can you advise of give your advice on how to verify and confirm?

Also, regarding foreign travel, how do I confirm in advance there are no issues entering a country?

Thank you.


Asked on 8/05/08, 3:02 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Criminal record

Since there's no standard definition of what is a "background check," and no telling what information any given search company will report, it's impossible to answer your question. Likewise, it's anybody's guess as to what a foreign country (such as Canada) will find objectionable.

There is a recent article on nytimes.com (3 Aug 08) which talks about this issue and gives links to free criminal record search companies. The article also discusses the requirements of the Fair Credit Reporting Act regarding employer criminal record searches and why the law is toothless.

http://www.nytimes.com/2008/08/03/technology/03essay.html?scp=2&sq=criminal%20records&st=cse

Remember, except for public employers you need not mention your expunged misdemeanor, it never happened.

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Answered on 8/05/08, 3:19 pm
Daniel J. Mangan III JuryTrialJustice

Re: Criminal record

If it is in California you can buy a certified correct copy of your record form the Dept. of Justice/State Attorney General Office...about $25.00 and info is online at their website. Next...what some other Country makes of it is up to them or whoever is looking at you upon entry. You can always call that country's embassy to make general inquires on travel restrictions

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Answered on 8/05/08, 9:09 pm


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